R-2024-080 - 4/11/2024 RESOLUTION NO. R-2024-080
WHEREAS, Chapter 791 of the Texas Government Code, v.T. .A., authorizes local
governments and agencies of the state to enter into agreements with one another to perforin
governmental functions and services, and
WHEREAS, the City of Round Rock "City" wishes to enter into a new Interlocal
Cooperation Contract with the Texas Department of Public Safety to continue participation in a
program regarding denial of driver's license renewal for failure to appear in municipal court, Now
Therefore
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND R CI ,,TEXAS,
That the Mayor is hereby authorized and directed to execute on behalf of the City an Interlocal
Cooperation Contract with the Texas Department of Public Safety, a copy of same being attached
hereto as Exhibit "A" and incorporated herein for all purposes.
The City Council hereby finds and declares that written notice of the slate, hour, place and
subject of the meeting at which this Resolution was adopted was posted and that such meeting was
open to the public as required by law at all tunes during which this Resolution and the subject matter
hereof were discussed, considered and formally acted upon, all as required by the open Meetings Act,
Chapter 55 1, Texas Government Code, as amended.
RESOLVED this 1 I th day of April, 2024.
CR f oR N, Mayor
City qfRo c , Texas
ATTEST:
MEAGAN SP -KS, pity l rl
c1112.20242 48%-0592-4787
TEXAS DEPARTMENT OF PUBLIC SAFETY
r
[
' 5805 LAMAR BLVD•BOAC 4087 AUSTIN,TEXAS 78778-008'1
8
'► 5121424-2000
STEVIEN C McCRAW COMMMSION
DIRECTOR STEVEN P.MACH.CHAIRMAN
ALT GoaoSON NELDA EXHIBIT LARRY�.LONG
FREEMAN F MARTIN
CNOGHT D.MATHIS STEVE H. TOO HILL
DEPUTY DIRECTORS "A" o f INM T
January 29,2024
ROUND ROCK MUNICIPAL COURT
1 W BAGDAD, STE 120
ROUND ROCK.,TX 78664
Re: Notice of Interlocal Cooperation Contract (ICC) for Failure to Appear(FTA) Program
Clear Court Administrator,
Due to changes occurring in the 88'x' Legislative Session,the Department reprised the FTA contract
(ICC).This notice is to inform you of the changes and the need to sign a new contract to continue your
participation in the FTA program. You must return the signed contract(ICC}within 90 days from the
date of this notice to continue participating in the program.
The following changes have been made to the contract(ICC :
a Changes to language and restructuring of the original ICC to provide clarity regarding the
specific responsibilities held by each party.
• Inclusion of indigency into the program as mandated by House Bill 291, "' Legislative
Session.
Language to account for future changes to the current statute,either Federal or state,ensuring
that the ICC remains in compliance with the latest legal requirements until a revised ICC is
available.
It is imperative that all participants In the FTA program adhere to these updated terms to ensure the
program's continued effectiveness and compliance with relevant legislation. Submit the completed and
signed contract(ICC) by mail,email,or fax. Please ensure you address this attention to FTA FrograNrn.
Mailing address:
5805 North Lamar Blvd, Bldg A,
Austin,TX 75752-0300
E-mail: driver.improvementQdp .t x s.
Fax: (512) 424-2548
Should you have any questions, please send an ernaii to driver.improv rnentGeLdps.texs. goon.Thank you
for your immediate attention to this matter.
Regards,
Manager
Enforcement and Compliance Service
Enclosure
Eur COWTUNITY EMPLOYER
COURTESY• ERVICE•PROTECTION
DPS#DLD20180628(Revised 1/2024)
Interlocal Cooperation Contract
Faflure to Appear Program
State of Texas
County of Williamson
[. PARTIES AND AUTHORITY
This Interlocal Cooperation Contract(Contract) is entered into between the Department of Public
Safety of the State of Texas(DIES),an agency of the State of Texas and the Munipal Court of the City
of Round Rock,a political subdivi ion ofthe State of Texas, referred to collectively in this Contract a
the Panties, under the authority granted in Tec.Tranp.Code Chapter 706 and Tex.Gov't Code Chapter
791 (the Interlocal Cooperation Act).
II, BACKGROUND
peace officer authorized to issue citations within the jurisdiction of the Court must issue a written
warning to each person to whom the officer issues a citation for a traffic Iaw violation.This warnIng
rnu st be provided Ire additiorn to any other warnings required by laver.The warning mu st state in
substance that If the person falls to appear in court for the prosecution of the offense or if the person
fails to pay or satisfy a judgment ordering the payment of a fine and cost in the rna niner ordered by
the Court,the person may be denied renewal of the person's driver license.
As permitted under Tex.Transp. Code §706.008, DPS contracts with a private vendor(Vendor) to
provide and establish an automated Failure to Appear(FTA)system that accurately stores information
regarding violators subject to the p rovislons of Tex.Tran p. Code Chapter 706,DPS uses the FT
system to properly deny renewal of a driver Ii en a to a person v ho is the subject of an FTA system
entry generated from an FTA Report.
An FTA Report is a rnotice sent by Court requesting a person be denied renewaI of a driver's license in
accordance with this Contract.The Court may submit an FTA Report to D PSs Vendor if a person fails
to appear or fails to pay or satisfy a judgment as required by laver.There is no requirement that a
criminal warrant be issued in response to the person's failure to appear.
III. PURPOSE
This Contract applies to each FTA Report submitted by the Court to DIES or its Vendor and accepted by
DPS or its Vendor,
IV. PERIOD OF PERFORMANCE
This Contract will be effective on the date of execution and terminate five years from that execution
date unless terminated earlier in accordance with Section VIII.C. General Terms and Conditions,
Termination.
V. COURT RESPONSIBILITIES
A. FTA Report
For a matter involving any offense which a Court has Jurisdiction of under Tex. Code Crim.
roc.Chapter 4, where a person fails to appear for a compla*1nt or citation or fails to pay or
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DPS#DLD2018 2 (Revised 1/2024}
satisfy a judgment ordering payment of a fire and cast in the manner ordered by the Court,
the Court will supply DPS, through its Vendor, an FTA report including the information that
is necessary to deny renewaI of the driver license of that person.The Court must ma ke
reasonable efforts to ensure that all FTA Reports are accurate, complete, and non,
duplicative.The FTA Report mut include the following information:
,. the jurisdiction in which the alleged offense occurred;
. the name of the court submitting the report;
the narne,date of birth,acrd Turas driver license number of the person who failed to
appear or failed to pay or satisfy a judgment;
. the date of the alleged violation,
. a brief description of the alleged violation;
. a statement that the person failed to appear or failed to pay or satisfy a judgment a
required by lair;
the date that the person failed to appear or failed to pay or satisfy a judgment;and
R. any other Information required by DPS,
B. Clearance Reports
The Court that files the FTA Report has a continuing obligation to review the FTA Report and
promptly submit appropriate additional information or reports to the Vendor.The clearance
report must identify the person, state whether or not a fee was required, and advise DPS to
lift the denial of renewal and state t he grounds for the action.Al!clea rarnce reports must be
submitted immediately, but no later than two business days from the time and date that the
Court receives appropriate payment or other inforrnatiorn that satisfies the person's
obligation to that Court.
To the extent that a Court uses the FTA system by submitting an FTA Report,the Court must
collect the statutorily requ fined $10.00 reirn b u rseme nt fee from the person who failed t
appear, pay or satisfy a judgment ordering payment of a fine and cost in the manner ordered
by the Court. If the person is acquitted of the underlying offense for which the original FTA
Report a as filed or found indigent by the court,the Court will not require payrnent of the
reimbursement fee.
Court rnnust subunit a clearance report for the fol low ing circurnstances:
I. the perfection of an appeal of the case for which the warrant of arrest was issued or
judgment arose;
2. thr!dismissal of the charge for which the warrant of arrest was issued or judg rnt arose;
. the posting of a bond or the giving of other security to reinstate the charge for whi h the
warrant was issued;
. the payment or discharge of the fine and cost owed on am outstanding Ju dgment of the
Court; or
. other suitable arrangement to satisfy the fine acrd cost withirn tine Court's discretion►.
After termination of the Contract,the Court has a continuing obligation to report
dispositions and collect fees for all violators in the FTA system at the time of termination.
Failure to comply with the continuing obligation to report will result in the removal of all
outstanding entries of the Court in the FTA Report, resulting in the lifting of any denied
river license renewal status from DPS.
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DPS#DLD20180 8(Revised 1/2024)
Quarterly deports and Audits
Court must submit quarterly reports to DPS in ar format established by DPS.
ouirt is subject to arudit a nd inspection at a ny tirne durring norma I business hours arnd at a
mutually agreed upon location by the state auditor, DPS, and anyother department or
agency, responsible for d te rm ining that the Parties have com plied with the arpplicable
lavers.Count must provide all r awsonable facilities and assistance for the safe and convenient
performance of any audit or inspection.
Court must correct a ny non-conforming transactions performed by the Court, at its own
cost, until acceptable to DPS.
Court must keep a ll records a nd do u m e nts regarding this Contract for the terra of this
Contract a nd far seven years after the term 1nation of this Contrarct, or until DPS or the
State Auditor's Office (SAO) is satisfied that all audit and litigation matters are resolved,
whichever period is longer.
D. Accounting Procedures
Court must keep separate,accurate, and complete records of the funds collected and
disbursed and must deposit the fends in the appropriate municipal or county treasury.
Court may deposit such fees in an interest-bear ing account and retain the interest earned
on such accounts for the Court.
Court gill aIlocate$6.00 of each $10.00 rel m bur ement fee received for payment to tine
Vendor and$4.00 for credit to the gerneraI fund of the municipaI or county treasury.
E. NoneWal er of Fees
Court gill not waive the$10.00 reirnbursem nt fee for any person that has been submitted
n an FTA Report,unless any of the requirements in Tex. Trans.Code §706.006(a) or
§706.006(d) are met.
Failure to cornply with this section wiII result in: i)term*1nation of this Contract for cause;
and (ii)the remova I of a ll outstand1ng entries of the Count*1n the FTA Report, res ult'ing in the
lifting of any denied driver license renewal status from DPS.
F. litigation Notice
The Court must rake a good-faith attempt to immediately ely ratify DPS in the event that the
Court becomes aware of litigation In which this Contract or Tex.Tran sp.Code Chapter 706 i
subject to con titutional, statutory,or co m morn-law challenge, or 'is struck do n by judicial
decision.
I. DPS's RESPONSIBILITIES
DPS will not continue e to deny rene ra I of the person's driver license after re eiving notice from
the Court that the FTA Report was submitted in error or has been destroyed in accordance with
the Court's record retention policy.
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DPS#DLD2 180 28(Revised 1/2024)
Il,, PAYMENTS TO VENDOR
Court must pay the Vendor a fee of$6.00 per person for each Violation that has been reported to the
Vendor and for which the Court has subsequently collected the statutorily required $10.00
reimbursement fee.In the event that the fee has been waived by Tex.Trans. Code § 706.006(x) or
§706.006(d), no payment will he made to the Vendor.
Court agrees that payment will be made to the Vendor no later than the last day of the month
following the close of the calendar quarter in which the payment was received by the Court.
DPS will not pay Vendor for any fees that should have been submitted by a Court.
V111. GENERAL"TERMS AND CONDMON
A. Compliance with Law,.This Contract i s governed by a n construed under and in accordance
with the lavers of the State of Texas. The Court understands and agrees that it will comply
with all local, state, and federal lavers in the performance of this Contract, including
administrative rules adopted by DPS,
B. Notice.The respective party will send the other party notice as noted in this section. Either party
may change its information by giving the other party written notice and the effective date of the
change.
1—court:Round Rock Municipal Court Department of Public Safety
Attn.:Count Clerk Administrator Enforcement&Compliance Service
. 5805 North Lamar Blvd., Bldg A
Address:301 II .Bagdad Ave Austin,Texas 78752-0001
Rock,TQC (512)424-5311 [fax]
Address: Rouyn._.._..
�.. _ Dri er.1mr)rovernent@dp .tea .
Fax:512-218-7079
(512)424-7172
Email: rrcourt@roundrocktexas.gov
.goV
Phone:5 -218-5480
C. Termination
Either party may terminate this Contract with 30 days' written notice.
DPS may also terminate this Contract for cause if Court doesn't com ply with Section • f,,
Quarterly Reports orlt n Audits and V.E., Non- Waiver of Fees.
If either Party is subject to a lack of appropriations that are necessary for that Party's
performance of its obligations under this Contract, the Contract is subject to immediate
cancellation or termination,without penalty to either Party.
D. Amendments.
This contract may only he amended by mutual written agreement of the Parties.
E. Miscellaneous.
1. The parties shall use the dispute resolution process provided for in Chapter 2260 of
the Texas Government Code to resolve any disputes under this Contract; provided
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DPS#OLD20180628(Revised 1/2024)
however nothing in this paragraph shall preclude either Party from pursuing any
remedies available under Texas law.
2. This Contract shall not constitute or be construed as a waiver of any of the privileges, rights,
defenses,remedies,or immunities available to either Party or the State of Texas.
. any alterations, additions, or deletions to the terms of the contract than are required by
changes in federal or state laver or regulations are automatically incorporated into the contract
without written amendment hereto, and shall become effective on the date designated by
such laver or by regulation.
CERTIFICATIONS
The Parties certify that 1 the Contract is authorized by the governing body of each party; )the
purpose,terrors, rights,and duties of the Parties are stated within tine Contract;and(3)each party vill
make payments for the performance of governmental functions or services from current revenues
available to the paying party.
The undersigned signatories have full authority to eater into this Contact on behalf of the respective
Parties.
City Round RocTexas Department f Public Safety
Authorized Signatory Driver Ucense Division Chief or Designee
Cram Morgan,Mayor
Date Date
*err additional page nay be attached if more than one signature is required to execute this Contract
on behalf of the Court. Each signature block rrnust contain the person's title and date.
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